we can make a fairly educated guess. of course, justice kennedy, most people think may have the deciding hand in this case. >> shannon: it's a role he is very comfortable with. in many key cases over several years. let's talk about what we don't know. what may end up on the dock docket. every year, there are thousands of cases. we don't know until we know whether or not they voted to take up a case. we are waiting on a couple on gay marriage, defensive marriage and prop 8 out of california, which would only recognize legal marriage as between a man and a woman. we could find out as early as tomorrow. do you think the court is ready to tee up? >> i think they are. this is one of these cases that have you seen it from the moment these cases start the being filed that this is a case that was ult mags going to make -- ultimately was going to make its way to the supreme court. have you the defensive marriage case, coming out of the first circuit in boston that. concerns whether federal law can define marriage as between a man